{"id":15485,"date":"2020-06-15T10:50:36","date_gmt":"2020-06-15T10:50:36","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=15485"},"modified":"2020-06-15T10:50:36","modified_gmt":"2020-06-15T10:50:36","slug":"attaching-an-oath-to-divorce","status":"publish","type":"post","link":"http:\/\/daruliftabirmingham.co.uk\/home\/attaching-an-oath-to-divorce\/","title":{"rendered":"Attaching an Oath to Divorce"},"content":{"rendered":"

\n\tFatwa ID: 03827<\/strong><\/span><\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by: Maulana Imran Mughal<\/span><\/span><\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tQuestion<\/u><\/strong><\/a><\/span><\/span>\n<\/p>\n

\n\tAsalamu Alaikum,
\n\tMy question is regarding divorce. I would like to seek guidance about my relationship. Please find below the context;<\/span><\/span>\n<\/p>\n

\n\t
\n\tMy wife and I have been married since September 2017. Around 8 months after marriage, we had a heated argument where I said to my wife [STATEMENT 1]<\/strong> "if you fight with me again, today (same day) then from my side it is Talaq (divorce)". It did not work out and our argument (fight) continued even with more intensity. Then after a few <\/span><\/span>hours<\/span><\/span>, I managed to calm her down and we started living as normal again.<\/span><\/span>\n<\/p>\n

\n\t
\n\tThen after 1 and a <\/span><\/span>half<\/span><\/span> years, we again had a heated argument. We used to have arguments throughout the period where my wife was prompt to ask for divorce but somehow I always managed to deal with the situation. However this time, I could not keep control. So, we were having an argument (verbal fight) and I told her [STATEMENT 2]<\/strong> "if you did not leave this place in the next 2 minutes, then from my side it is a Talaq (Divorce)." I never meant for her to leave me or the house, but just to move <\/span><\/span>away<\/span><\/span> from where she was standing and maybe go to <\/span><\/span>a different<\/span><\/span> room or nearby place. My wife did not move from the place even in <\/span><\/span>the next<\/span><\/span> 5-10 minutes.<\/span><\/span>
\n\t \n<\/p>\n

\n\tFrom the very next day onward, our relationship <\/span><\/span>became<\/span><\/span> normal (*we are living as usual before but no physical relationship as not sure about it).<\/span><\/span>\n<\/p>\n

\n\t
\n\tSo my question is:
\n\t1.      Whether these statements will count as 2 Talaq? If the answer is YES then what should I do to fix my marriage?
\n\t2.      If the answer is NO, then what is the best practice for me in Islam to continue?<\/span><\/span>\n<\/p>\n

\n\t
\n\tHopefully, I managed to communicate my concerns properly, however, should you require further information, please do not hesitate to contact me. JazakAllah Khair.<\/span><\/span>
\n\t \n<\/p>\n

\n\tRegards,
\n\tA brother in Islam<\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\t \n<\/p>\n

\n\t\u0628\u0650\u0633\u0652\u0645\u0650 \u0627\u0644\u0644\u0647\u0650 \u0627\u0644\u0631\u0651\u064e\u062d\u0652\u0645\u0646\u0650 \u0627\u0644\u0631\u0651\u064e\u062d\u0650\u064a\u0652\u0645<\/span><\/span><\/span>\n<\/p>\n

\n\tIn the name of Allah, the Most Gracious, the Most Merciful<\/u><\/strong><\/span><\/span>\n<\/p>\n

\n\t \n<\/p>\n

\n\tAnswer:<\/u><\/strong><\/span><\/span>\n<\/p>\n

\n\tFrom Statement 1, one revocable divorce has occurred due to an oath being attached to the divorce, and that oath becoming a reality.<\/span><\/span>\n<\/p>\n

\n\tThere are two scenarios from now that could have happened:<\/span><\/span>\n<\/p>\n

    \n
  1. \n\t\tIn a revocable divorce, the husband can take his wife back within the waiting period either by saying so or through an action (kissing or engaging in intercourse for example).<\/span><\/span>\n\t<\/li>\n
  2. \n\t\tIf this has not happened, then it becomes an irrevocable divorce at the end of the waiting period of the woman and therefore the husband and wife are officially divorced.[1]<\/a><\/span><\/span>\n\t<\/li>\n<\/ol>\n

    \n\tFor Statement 2, this will also have incurred a divorce.<\/span><\/span>\n<\/p>\n

    \n\tDepending upon whether the first or second situation happened, the following can be understood:<\/span><\/span>\n<\/p>\n

      \n
    1. \n\t\tIf the first scenario occurred, then the second statement will incur a second revocable divorce, meaning that the woman will go through a waiting period and it is still possible for the husband to revoke the divorce by saying so or being intimate. However, it should be remembered that the husband has in total given 2 divorces to his wife and only has 1 left.<\/span><\/span>\n\t<\/li>\n
    2. \n\t\tIf the second scenario took place, then the wife is no longer his wife after that situation, and therefore when she heard those words it will be treated as though he is talking to a stranger, whereby the divorce will not take place.        <\/span><\/span>\n\t<\/li>\n<\/ol>\n

      \n\t \n<\/p>\n

      \n\t \n<\/p>\n

      \n\tOnly Allah knows best<\/span><\/span>\n<\/p>\n

      \n\tWritten by Maulana Imran Mughal<\/span><\/span>\n<\/p>\n

      \n\tChecked and approved by Mufti Mohammed Tosir Miah<\/span><\/span>\n<\/p>\n

      \n\tDarul Ifta Birmingham<\/span><\/span>\n<\/p>\n

      \n\t <\/p>\n

      \n\t\t \n\t<\/p>\n

      \n\t\t \n\t<\/p>\n

      \n\t\t \n\t<\/p>\n

      \n
      \n

      \n\t\t\t[1]<\/a> Imam Marghaynani, Al-Hidaya <\/em>(Karachi: Maktabat Al-Bushra, 2014). 3:195.<\/span><\/span>\n\t\t<\/p>\n<\/p><\/div>\n<\/div>\n

      \n\t <\/p>\n","protected":false},"excerpt":{"rendered":"

      Fatwa ID: 03827 Answered by: Maulana Imran Mughal   Question Asalamu Alaikum, My question is regarding divorce. I would like to seek guidance about my…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[61,234,1350],"_links":{"self":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/15485"}],"collection":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=15485"}],"version-history":[{"count":4,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/15485\/revisions"}],"predecessor-version":[{"id":15641,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/15485\/revisions\/15641"}],"wp:attachment":[{"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=15485"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=15485"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=15485"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}